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Appeals › Sexual Harassment › Anti-Harassment Policies

Bradley Arant Boult Cummings LLP

If You See Something, Do You Fix It If It Isn’t Your Employee? 6th Circuit Applies Higher Standard to Non-Employee Harassment Case

Bradley Arant Boult Cummings LLP on

An employee tells you a customer just harassed them — what should you do? In Bivens v. Zep, Inc. the Sixth Circuit Court of Appeals charts its own course in addressing employer liability for third-party harassment. The Equal...more

McAfee & Taft

Employers may be liable for harassment by a non-employee

McAfee & Taft on

“Claims of sexual harassment typically involve the behavior of fellow employees. But not always,” said a federal appeals court in Gardner v. CLC of Pascagoula, LLC. The case shows employers must take employee complaints of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - January 2019

Skadden, Arps, Slate, Meagher & Flom LLP on

This edition of Employment Flash looks at developments in labor and employment law, including with respect to restrictive covenants; new state anti-harassment laws; minimum wage increases; age bias claims; and the employee...more

Bradley Arant Boult Cummings LLP

Don’t Ignore the Kissing Supervisor—Court Rules that Employer’s Knowledge of Past Behavior Negates Faragher-Ellerth Defense

Bradley Arant Boult Cummings LLP on

Employment lawyers and most HR professionals are familiar with the Faragher-Ellerth defense to a claim of sexual harassment. In short, if an employer can show that (1) it exercised reasonable care to prevent and correct...more

Fisher Phillips

Protecting Employees From Patient Harassment: It’s No Laughing Matter

Fisher Phillips on

“Claims of sexual harassment typically involve the behavior of fellow employees. But not always.” So begins a recent opinion from the 5th Circuit Court of Appeals that illustrates the dangers of failing to take an employee’s...more

Parker Poe Adams & Bernstein LLP

Employer's Failure to Respond to Other Employees' Complaints Advances Harassment Claim

Parker Poe Adams & Bernstein LLP on

Under Title VII, employers are generally strictly liable for harassing conduct by supervisors. In its Faragher and Ellerth decisions, the U.S. Supreme Court developed a limited defense for employers accused of supervisor...more

Sheppard Mullin Richter & Hampton LLP

Judges and Legislators in Chicago and California Seek to Expand Protections for Hotel Workers

Sheppard Mullin Richter & Hampton LLP on

In the wake of a deluge of sexual harassment accusations being leveled against high profile figures, and the ensuing #MeToo social media movement, some legislators and judges have been eager to expand protections for certain...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Poor Policy Publication Revives Sexual Harassment Suit in the Fifth Circuit

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Maintaining a company anti-harassment policy on a bulletin board and website is not enough to avoid liability for sexual discrimination according to a recent decision. On July 20, 2016, the Fifth Circuit Court of Appeals...more

Proskauer - Law and the Workplace

Fifth Circuit Decision Reinforces The Importance of Clearly Communicating Anti-Harassment Policies

Proskauer - Law and the Workplace on

A well-drafted anti-sexual harassment policy and complaint procedure can provide useful defenses for employers defending against claims of sexual harassment. However, a recent decision from the Fifth Circuit should remind...more

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